She contends 43-year-old Sean Benschop was merely a “day laborer” working without a contract when he knocked down a wall with heavy equipment that collapsed onto a neighboring thrift store. Prosecutors have said he was operating the equipment under the influence of marijuana.

But his attorney, Daine Grey, argues that Benschop was ultimately “not in charge of safety at the site.”

Philadelphia District Attorney Seth Williams is conducting a grand jury probe of the accident.